Page:United States Statutes at Large Volume 122.djvu/2138

 12 2 STA T . 211 5PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 ‘ ‘ (i) i nthecas e of fa rm- raise d fish , is hatched, raised, har v ested, and p rocessed in the U nited S tates and ‘‘(ii) in the case of w i l d fish, is — ‘‘( I ) harvested in the United States, a territor y of the United States, or a State, or b y a vessel that is doc u mented under chapter 12 1 of title 46, United States C ode, or re g istered in the United States; and ‘‘(II) processed in the United States, a territory of the United States, or a State, including the waters thereof, or aboard a vessel that is docu- mented under chapter 121 of title 46, United States Code, or registered in the United States . ‘‘( B ) DESIGNAT I O NO FW I LD FIS H AND FA RM -RAISED FISH.— T he notice of country of origin for wild fish and farm-raised fish shall distinguish between wild fish and farm-raised fish. ‘‘(4) DESIGNATION OF C O U NTR Y OF ORIGIN FOR P ERISHA B LE AGRICULTURAL COMMODITIES, GINSENG, PEANUTS, PECANS, AND MACADAMIA NUTS.— ‘‘( A ) IN GENERAL.—A retailer of a covered commodity that is a perishable agricultural commodity, ginseng, pea- nut, pecan, or macadamia nut may designate the covered commodity as having a United States country of origin only if the covered commodity is e x clusively produced in the United States. ‘‘(B) STATE, REGION, LOCALITY OF THE UNITED STATES.— W ith respect to a covered commodity that is a perishable agricultural commodity, ginseng, peanut, pecan, or maca- damia nut produced exclusively in the United States, des- ignation by a retailer of the State, region, or locality of the United States where such commodity was produced shall be sufficient to identify the United States as the country of origin. ’ ’; and (B) by stri k ing subsection (d) and inserting the fol- lowing

‘‘(d) AUDIT V ERIFICATION SYSTEM.— ‘‘(1) IN GENERAL.—The Secretary may conduct an audit of any person that prepares, stores, handles, or distributes a covered commodity for retail sale to verify compliance with this subtitle (including the regulations promulgated under sec- tion 2 8 4(b)). ‘‘(2) R ECORD RE Q UIREMENTS.— ‘‘(A) IN GENERAL.—A person sub j ect to an audit under paragraph (1) shall provide the Secretary with verification of the country of origin of covered commodities. Records maintained in the course of the normal conduct of the business of such person, including animal health papers, import or customs documents, or producer affidavits, may serve as such verification. ‘‘(B) P ROHIBITION ON REQUIREMENT OF ADDITIONAL RECORDS.—The Secretary may not re q uire a person that prepares, stores, handles, or distributes a covered com- modity to maintain a record of the country of origin of a covered commodity other than those maintained in the

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